Public Law 119-73 (01/23/2026)

38 U.S.C. § 3101

Definitions

For the purposes of this chapter—
(10)
1
1 So in original. Probably should be “(1)”.
section 3601 of this title  The term “emergency situation” has the meaning given such term in .
(2)
section 3102(1)(A) of this title The term “employment handicap” means an impairment, resulting in substantial part from a disability described in , of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests.
(3)
The term “independence in daily living” means the ability of a veteran, without the services of others or with a reduced level of the services of others, to live and function within such veteran’s family and community.
(4)
section 3452(b) of this title The term “program of education” has the meaning provided in .
(5)
The term “program of independent living services and assistance” includes (A) the services provided for in this chapter that are needed to enable a veteran to achieve independence in daily living, including such counseling, diagnostic, medical, social, psychological, and educational services as are determined by the Secretary to be needed for such veteran to achieve maximum independence in daily living, and (B) the assistance authorized by this chapter for such veteran.
(6)
The term “rehabilitated to the point of employability” means rendered employable in an occupation for which a vocational rehabilitation program has been provided under this chapter.
(7)
section 3120 of this title The term “rehabilitation program” means (A) a vocational rehabilitation program, or (B) a program of independent living services and assistance authorized under for a veteran for whom a vocational goal has been determined not to be currently reasonably feasible.
(8)
The term “serious employment handicap” means a significant impairment, resulting in substantial part from a service-connected disability rated at 10 percent or more, of a veteran’s ability to prepare for, obtain, or retain employment consistent with such veteran’s abilities, aptitudes, and interests.
(9)
The term “vocational goal” means a gainful employment status consistent with a veteran’s abilities, aptitudes, and interests.
(10)
The term “vocational rehabilitation program” includes—
(A)
the services provided for in this chapter that are needed for the accomplishment of the purposes of this chapter, including such counseling, diagnostic, medical, social, psychological, independent living, economic, educational, vocational, and employment services as are determined by the Secretary to be needed—
(i)
in the case of a veteran for whom the achievement of a vocational goal has not been determined not to be currently reasonably feasible, (I) to determine whether a vocational goal is reasonably feasible, (II) to improve such veteran’s potential to participate in a program of services designed to achieve a vocational goal, and (III) to enable such veteran to achieve maximum independence in daily living, and
(ii)
in the case of a veteran for whom the achievement of a vocational goal is determined to be reasonably feasible, to enable such veteran to become, to the maximum extent feasible, employable and to obtain and maintain suitable employment, and
(B)
the assistance authorized by this chapter for a veteran receiving any of the services described in clause (A) of this paragraph.

Pub. L. 96–466, title I, § 101(a)94 Stat. 2172Pub. L. 99–576, title III, § 333(b)(1)100 Stat. 3279Pub. L. 101–237, title IV, § 423(b)(1)(A)103 Stat. 2092Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 104–275, title I, § 101(a)110 Stat. 3323Pub. L. 117–333, § 3(e)(3)(A)136 Stat. 6128(Added , , , § 1501; amended , , ; , , ; renumbered § 3101 and amended , (c)(1), , ; , , ; , , .)

Editorial Notes

Prior Provisions

section 5301 of this titlePrior section 3101 was renumbered .

Amendments

Pub. L. 117–3332023— added par. (10) defining “emergency situation” after introductory provisions and redesignated former pars. (1) to (9) as (2) to (10), respectively.

Pub. L. 104–275, § 101(a)(1)section 3102(1)(A) of this title1996—Par. (1). , inserted “, resulting in substantial part from a disability described in ,” after “impairment”.

Pub. L. 104–275, § 101(a)(2)section 3120 of this titlePar. (6). , inserted “authorized under ” after “assistance”.

Pub. L. 104–275, § 101(a)(3)Par. (7). , inserted “, resulting in substantial part from a service-connected disability rated at 10 percent or more,” after “impairment”.

Pub. L. 102–83, § 5(a)section 1501 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Par. (3). , substituted “3452(b)” for “1652(b)”.

Pub. L. 101–2371989—Pars. (4), (9)(A). substituted “Secretary” for “Administrator”.

Pub. L. 99–5761986—Pars. (6)(B), (9)(A)(i). inserted “currently” after “be”.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–275, title I, § 101(j)110 Stat. 3325

“(1)
Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 3102 to 3109, 3117, 3118, and 3120 of this title] shall take effect on the date of the enactment of this Act [].
“(2)
section 3104 of this titlesection 3120 of this title The amendments made by subsection (a) (other than paragraph (2)) [amending this section], subsection (d) (other than subparagraphs (A) and (B) of paragraph (1)) [amending ], and subsection (i) [amending ] shall only apply with respect to claims of eligibility or entitlement to services and assistance (including claims for extension of such services and assistance) under chapter 31 of title 38, United States Code, received by the Secretary of Veterans Affairs on or after the date of the enactment of this Act, including those claims based on original applications, and applications seeking to reopen, revise, reconsider, or otherwise adjudicate or readjudicate on any basis claims for services and assistance under such chapter.”
, , , provided that:

Effective Date

section 802(a)(1) of Pub. L. 96–466section 3100 of this titleSection effective , see , as amended, set out as a note under .